In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small recounts the challenges he faced during the Farmers Export grain elevator explosion trial. He emphasizes the importance of purposeful actions in the courtroom, from how a lawyer speaks and moves to how they question witnesses. Mr. Small reflects on a pivotal moment with the presiding judge, where a minor misstep taught him a significant lesson about courtroom etiquette and the balance of control between a lawyer and a judge. Through this experience, he learned the art of blending expression with control, respecting courtroom rules while finding common ground with the judge. This episode illustrates the importance of knowing one's court and adapting to local customs to work harmoniously with judges, juries and counsel to achieve a positive outcome.

Litigation attorney Dan Small unexpectedly took the lead in prosecuting the high-profile case of the Farmers Export grain elevator explosion, a major incident in Galveston, Texas, that resulted in the deaths of 18 people in 1977. In this episode of "The Trial Lawyer's Handbook," he shares this extraordinary anecdote that threw him into a panic just two years out of law school. The case's lead counsel, who was the chief of the Criminal Division at the Houston U.S. Attorney's Office, had a scheduling conflict, and Mr. Small was told the judge would not grant a continuance. The chief informed Mr. Small that another experienced trial attorney already in the area would step in, but Mr. Small soon realized this attorney was there not to lead, only to assist. So, he prepared for trial.

In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small examines the devastating Farmers Export grain elevator disaster, where 18 employees died in a grain dust explosion, and explains how this case fits into the broader history of the prosecution of white collar crime. Traditionally, health and safety violations were addressed through civil lawsuits, leaving managers and similar personnel untouched by the legal system. However, the creation of the Occupational Safety and Health Administration (OSHA) in 1970 introduced criminal penalties for serious violations, signaling a shift in how such cases could be handled. Following a series of fatal explosions in the grain elevator industry, the U.S. Department of Justice launched a grand jury investigation, culminating in the indictment of executives at Farmers Export for violations of the Occupational Health and Safety Act.

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small recounts his experience as a new prosecutor in the U.S. Department of Justice's Criminal Division, where he was unexpectedly assigned a month-long case involving a deadly grain elevator explosion. He explains that grain dust, a byproduct of moving grain, becomes highly explosive when suspended in the air, then highlights the dangers this poses for maintaining grain elevators and shares details of two devastating explosions that occurred in 1977: the Continental Grain elevator in Louisiana and the Farmers Export elevator in Texas. As a newly minted lawyer, Mr. Small was tasked with investigating and trying the latter case, a significant challenge but also an extraordinary opportunity for learning and growth.

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small talks about his experience working in the Hyattsville, Maryland, Magistrate's Court and handling everyday cases involving ordinary people. The episode highlights the importance of compassion, common sense and the principle of "doing the right thing" in the legal system. It underscores the responsibility of trial lawyers to zealously represent clients while recognizing and addressing their real-life challenges.

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small emphasizes the vital role of storytelling in trials. Drawing from his experiences in the Hyattsville, Maryland, Magistrate's Court, he shares valuable lessons on how compelling narratives are an essential part of the practice of trial law, beyond mastering court procedures, techniques and legal principles. To illustrate this idea, Mr. Small shares an anecdote of a mother who was pulled over for speeding. After presenting her story, the court discovered that she was hurrying to pick up her sick daughter from school, thus better setting up her case for success.

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small explains how knowing the court where a trial lawyer is working can make the difference between winning our losing a case. He recalls a memorable case involving a corporate executive accused of drunk driving whose high-priced attorneys were unaware of the local court's standards for plea agreements. As negotiations unfolded, Mr. Small realized that the senior partner's opening offer was significantly harsher than what would typically be recommended in that courthouse. Through careful navigation and indirect conversation, he and a junior lawyer redirected the discussion toward a more favorable resolution. Mr. Small says this example underscores the importance of local knowledge and relationships when advocating for clients and achieving a just outcome.

In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small reflects on his early experiences in trial law as an Assistant U.S. Attorney in the U.S. Magistrate's Court in Hyattsville, Maryland. Despite his lack of experience at the time, Mr. Small expresses gratitude for the patient and educational atmosphere of the court, especially the magistrate, who taught him many valuable lessons. Mr. Small highlights three core themes he learned during his training: know your court, tell your story and do the right thing. These themes will be addressed in the next three episodes of this series.

Everyone has their own unique career path. In this episode of "The Trial Lawyer's Handbook," litigation attorney Dan Small shares his personal journey, highlighting how he initially planned to become a teacher before three developments steered him toward a career as a trial lawyer. Prior to entering private practice, he amassed a wealth of knowledge as a prosecutor in the Criminal Division of the U.S. Department of Justice. Throughout this series, he will discuss these experiences and the lessons he learned from them, offering valuable insights to listeners at all stages of their legal careers.

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small reflects on his journey of transforming compelling real-life trial experiences into valuable lessons for fellow litigators. Inspired by his wife, who encouraged him to document his stories, he began writing during cross-country flights, ultimately leading to the publication of his book Lessons Learned from a Life on Trial by the American Bar Association in 2024. Though he shares these anecdotes with the intent to educate, he acknowledges the challenges of memory and privilege and the influence of mentors and family who shaped his career. This series serves not only as a testament to his accomplishments in trial law but also as a way to express gratitude to those who have supported him along the way.